KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present Second Appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below, whereby suit filed by the appellant for declaration and mandatory injunction, has been dismissed with costs by both the Courts below.

(2.) Brief facts of the case are that the plaintiff had filed a suit seeking declaration that he is owner in possession of the suit land measuring 3K 5M as described in the head note of the plaint. Mandatory injunction was also sought directing the defendants to execute and register the Sale Deed in his favour. It was the contention of the plaintiff that his father namely Hari Singh had purchased suit land in an open auction held on 18/6/2001. The land was surplus land in Jind Distributory No.4, which had been abandoned since 1965-66 and was declared surplus in the 2001. It was averred that the plaintiff's father had purchased the suit land for Rs.66,000.00 depositing the total consideration in the treasury in the year 2001-02 against which receipts were issued and possession was delivered in April 2002. Thereafter, the Forest Officer had raised certain objections that land formed part of Protected Forest area and had requested cancellation of auction. Father of the plaintiff had challenged this by way of CWP No. 340 of 2004 which was disposed of on 2/2/2006 with a direction to the Deputy Commissioner, Jind to decide the matter. Thereafter vide order dtd. 16/5/2006 after affording due opportunity of hearing to the plaintiff, Irritation Department, Forest Department, and other connected persons, and after obtaining Spot Inspection Report dtd. 9/5/2006 from the Divisional Forest Officer, Jind, the Deputy Commissioner, Jind vide order dtd. 16/5/2006 had decided that " After having gone through the relevant record, site inspection, evidences and circumstances of the case it would be appropriate if this land is transferred in favour of Shri Hari Singh s/o Shri Didar Singh and Shri Khushi Ram s/o Shri Jiya Lal residents of village Manoharpur as he has deposited whole auction money."

(3.) It is the case of the plaintiff that father of the plaintiff Hari Singh had expired on 23/10/2007; whereafter land was inherited by the plaintiff. However, despite repeated requests made by the plaintiff to the respondents, Sale Deed was not executed. Plaintiff had again filed CWP No. 19325 of 2009; which was disposed of vide order dtd. 21/2/2011, observing that " The counsel for the petitioner, however, says that the land is not a forest land. That being the fact in dispute, it cannot be gone into in exercise of writ jurisdiction. The petitioner may have his alternative remedy of filing the civil suit and establish that the land in question in fact is not a forest land and have necessary relief in this regard." Thereafter, plaintiff had made several representations before the respondents/defendants. A legal notice dtd. 5/7/2011 was served upon the defendants however, to no avail. Accordingly, plaintiff had filed the present suit on 17/10/2011.